Microsoft goes after 17 year old to get this domain

How far Microsoft prepared to go.

[max_rk]

Its seems these days each week new stories applier in the press about Microsoft's law suits. The latest subject may be Mike Rove, 17 year old from Canada who is using Mikerowesoft.com domain name for his website to promote web development business. Microsoft says that domain is too similar to its name and may confuse users.

Many experts (including me ;))would say that this case wouldn't go much further beyond this point as Microsoft does not have good ground but it does not stop them to intimidate Mr Rove.

It probably going to do more good then harm to Mike overall.

[news.designtechnica.com...]
[ananova.com...]

Max.rk

[edited by: max_rk at 2:08 pm (utc) on Jan. 19, 2004]

[defanjos]

The kid is a web designer and he is getting an insane amount of free publicity - I say, he thought of this ahead of time. He is smart, but his only mistake was to ask for money for the domain name.

[Rugles]

>>>And Rowe asking for a larger amount works against him legally as well

Thats not true, a lawyer could easily spin that. M$ made an initial offer. He simply made a counter offer. He could claim he gave a huge price just to get rid of them.

Slam dunk.

[Shak]

had it been mikerow.com then fine

but why do mikerowesoft.com

imo he asked for the trouble, especially when demanding 10k off them

serves him right.

Shak

[Tapolyai]

I donated $10.

[whoisgregg]

$10 Canadian or US? :)

I'm guessing that the paypal donation button on his site is going to make him well over the $10,000 he counteroffered M$ for the domain name.

[skipfactor]

>>No one will mistake Mike Rowe's site with Microsoft's site or business.

"What about someone with a text reader your Honor?"

>>Slam dunk.

Yep, for Microsoft and every business with a legitimate name should support their argument.

[Kirby]

jenstar is dead on with this one. Win, lose or draw, M$ has no choice but to actively protect their mark against anything 'confusing similar'.

Forget the web and other print media here for a second and look at this from a different perspective. What if Mr. Rowe had the bucks to advertise during the Superbowl? What would a judge think then?

Mr. Rowe would be well advised to take $10 from M$; he'll still make his $10k in donations and avoid alot more in legal expenses.

[Slone]

A similar example of M$ reaching after anything that sounds like their company name.

Micro$oft filed a trademark suit against Lindows.com
Here are the Proceedings [info.lindows.com]

[Rugles]

He will do a lot better than the ten dollars. Just because of the bad press M$ is getting, they will play nice.

[jaski]

Sun lost in a similar dispute over javanco.com

http://news.com.com/2100-1023-215324.html?legacy=cnet

[lgn1]

Mike Rowe did not ask for money, from Microsoft.

Microsoft approached Mike Rowe first with a stupid offer. $10 would not even pay the registration fee. Mike Rowe countered with a high offer to show contempt of Microsofts original offer.

This happens all the time in the real estate offer. If a party offers somebody a low offer for a house, then they ussually counter offer with a higher offer, rather than meet in the middle. It basically a polite way to say F.O.A.D to the party that offended you.

[Macro]

Mike Rowe countered with a high offer to show contempt of Microsofts original offer

Except that under ICANN's rules (UDRP) asking for substantially more than what it costed for registration can be construed as bad faith - which is one of the points the claimant's need to prove. So irrespective of whether he's a good guy or a bad guy, that was a naive move.

[James_Dale]

I think this is really nasty of Microsoft. MikeRoweSoft is nothing more than a humorous pun on his own name.

I sincerely doubt the kid had any intention of exploiting Microsoft, and if he did, then good luck to him anyway. He is only 17. Geez. Taking on a 17 year old kid. Not only is that plain nasty, I am totally astounded that they care anyway. Makes me angry.

[sidyadav]

But what I truly don't get is, why doesn't Microsoft go after Microsoftsucks.com, Microsucks.com or even Microwsoft.com?

Those are the sites that are the #1 criticisers of Microsoft.com, and if you look at mikerowesoft.com - theres not even 1 thing mentioned bad about Microsoft, its a COMLETE differnet business there.

I do agree, the kid's looking for a huge amount of $$$. But why would Microsoft have to pick on a 17 year old teenager, when they can pick on real sites with Microsoft's name in it, critizing Microsoft like HELL. Especially Microsucks.com.

[mikerowesoft.com...]
The guy has a pretty decent portfolio IMHO, all the sites he's created are top notch. Also, put your mouse over one of his sites screenshot at ther left, pretty cool effect.

Why would some guy have to give a very decent business just because some company is accusing him of adding a 'soft' at the end of his name?

Sid

[pendanticist]

I do agree, the kid's looking for a huge amount of $$$. But why would Microsoft have to pick on a 17 year old teenager, when they can pick on real sites with Microsoft's name in it, critizing Microsoft like HELL. Especially Microsucks.com.

There is a big difference in how I interpret the two.

Microsucks uses our assumptions that they are referring to MS.

MikeRoweSoft does, albiet phonetically, actually say Microsoft.

Not the same until you add 'soft'.

[Symbios]

Personaly I don't think MS have a leg to stand on, they don't own the world (yet) and people should be free to register whatever domains they like, this domain name does does not include any of their registered trademarks so they ar P*ssing in the wind.

I hope the kid takes them to the cleaners, I for one am sick of these big corporations using bully boy techniques to try to intimidate smaller companies or individuals. They may own a lot of the world but they don't own the internet.

Also from a personal point I thought the domain name was very funny and brought a smile to my face. If MS wins its a sad day for us all.

I'll be keeping an eye on this one seems like theres lots of names that could upset MS, might be worth getting some ;)

Here's a couple to get the ball rolling;

microesoft - Mics fish shop, specialises in the finest quality sturgeon roe, based in Slough.

mic-roe-soft - Fish retailer with nothing to do with M*crosfoft, based in Slough. Product range includes soft roe and excludes software.

[bakedjake]

If MS wins its a sad day for us all.

Unless you own a business with a trademark.

BTW - Fish and Web Design have nothing to do with each other.

[Symbios]

>> Unless you own a business with a trademark.

Disagree, I don't think the guy is looking to steal any business.

>> BTW - Fish and Web Design have nothing to do with each other

Sorry about the fish thing Cod Roe was the first thing that came into my head, I think Ive been too long in this game, saw your post and I came up with baked cod, baked bread, baked beans ..........

Then I started thinking about the Hake possibilities, sad but true

[edited by: Symbios at 11:37 pm (utc) on Jan. 20, 2004]

[bakedjake]

Sorry

Don't apologize! :) I was making a point, the point being that I don't think MS would go after a fish shop.

The web design thing is similar enough to cause a problem, though.

[oilman]

Here's my favorite part of all this:

.us - registered 2 days ago
.net - registered 2 days ago
.org - registered 2 days ago
.biz - registered 1 day ago
.info - registered 1 day ago
.ws - registered today
.ca - registered today

[sidyadav]

As I said before, the judge will decide it and that's that.

yep, I agree - its no use having 25 people Microsoft's side (which is the legal side) and 25 people at Mike Rowe's side (which is the "feeling sorry for a kid" side), it won't make any difference in what the judge decides unless he/she reads this thread and thinks about it.

And also, I change my opinion - Just browsed through ICANNs rules and Trademark copyright documents, it seems that they are right. Microsoft HAS got to do something with MikeRoweSoft.com in-order to protect its own billion dollar trademark.

lol - good find oilman, just tells you how much people read the press and decide to go against the ICANN rules, in order to make $10,000 ;) . Too bad Microsoft will have to pay $10,000 per domain, which is $70,000 in total just to protect its copyright.

Sid

[willybfriendly]

M$ has now acknowledged that they might have been a bit too agressive in this case. See

http://msn.com.com/2100-1104_2-5143614.html?part=msn&subj=ns_2543&tag=mymsn

WBF

[penfold25]

I know some people here have their own opinions but this kid is breaking the law, how convenient he chose 'soft'. Maybe people here should understand that we have laws in this country.

I wouldnt say good luck at all, just because people dont like Microsoft THEY shouldnt have to be exploited, thats right Microsoft is being exploited here, not this 17 year old. It is their trademark, they paid for it. Maybe this kid should of being learning laws instead of web design.

I think its criminal to support this kid, completely and utterly wrong it every way. Its probably because most of you ppl have the tall poppy syndrome and if you actually own your own business you would understand. Its not that he is 17 , Microsoft has to protect their trademark, believe me if this was against a 40 year old executive i wouldnt think it make 10cm by 10 cm article in the paper.

Fortunately we have laws in this country, people CANNOT do anything they want. Thats a good thing.

Maybe Mr Coca Cola can add 'company' to his name
Maybe Mr 'Mcdonalds' can add 'restaurant' or 'happymeal' to their names.

[Troppo]

This could start a whole new convention in child naming. Possibly also a new income source for lawyers ...heavy advice to new parents "Trademark his name now, he'll thank you for it later"

[amznVibe]

All Microsoft will have to pay is a $1000 filing fee with WIPO which has nothing to do with US law.

In a US court, Mike Rowe might have a chance, but with WIPO it's unlikely he will be able to keep the domain.

WIPO has a proven track record to think exclusively corporate minded.

But believing that "MikeRowe" has anything to do with "Micro" is silly.
It's like Toys-R-Us suing (and winning) every domain name with -R- implied in it, regardless of content or intent.

Didn't the Onion have a parody of Microsoft patenting the letter "A" or something, trying to find the link, it was funny...

(eh this is close enough [theonion.com] :) )

[thewebboy]

The kid obviously picked this name ON PURPOSE to be similar to the name Microsoft. If there was no Microsoft there would be no MikeRoweSoft, plain and simple. Also asking for money often seals the deal and shows that he was trying to profit from violating or exploiting Microsoft's trademarks (not copyrights).

However if it does go to court they will consider his age and probably not hurt him. Now if it was a real company, they would be out for millions.

[phidentity]

What if he did select it innocently?

I use to use jonbuchansoft, jonsoft. Why should he not have the same personal freedom to add 'software' to the end of his name.

Sorry, that freedom is gone for Mr Mike Rowe, because a company exists that sounds like it.

Maybe if his parents would have called him something else.

Jon
PS: I guess there is a high chance it was registered in 'bad faith', but I think all angles need to be looked at here.

[penfold25]

Well then why didnt he change it then, if he saw he had offended microsofts trademark, he could of let it go, but this guy sees $$$$$.

17 or no 17, surpise surprise his parents are supporting him on this, this is all to convenient, he could of let it go, if you are good you can make anything famous. Unfortunately he had to add 'soft' not software, i hope they get every dime he earnt off the website off paypal. Unfortunately that wont happen, because i guess if your a minor your above the law.

Like someone said previously if this was a business they would be sued for millions.

[sidyadav]

I guess you all have a valid point - Why did he put a 'soft' in front of it? why not 'designs'?
Ok, let me give you an example:
You own a web design company, would you use 'widget-designs' or 'widget-soft'?
For one thing, it sounds stupid for a web design company to have a 'soft' in front of it, and for another, you would only put a 'soft' in front of it unless there is another [billion dollar] company named 'widgedsoft' , and you have the perfect plan to manipulating its trademark and getting it to paying you $10,000, because you broke the law.

I guess there is only one advice from me to Mr. Mike Rowe:
Give up MikeRoweSoft.com, register MikeRoweDesigns.com and be happy with it!

Sid

[Chris_D]

I think Mike Rowe should register a few more domains. After all - off the top of my head, I think he should branch out into hardware and register:

Mikerowecomputer.com
Mikeroweprocessor.com

and into general science

mikerowescopic.com

: )

Just a shame that Micro$oft lawyers treat everyone with total contempt, and generate more negative publicity than most people can afford to buy. If they actually acted like businessmen - they wouldn't look like a bunch of thugs - and, after all, a company with cash reserves in excess of $US50Billion could actually come across as pretty charming if it really wanted something.....